Epstein Secrets

on behalf of themselves and all others similarly : situated, Plaintiffs, -against- THE FINANCIAL TRUST COMPANY, XYZ CORPORATION, ABC, INC., and JEFFREY E. EPSTEIN, Defendants. X Index No. 1:18-cv-07580-JPO DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' COMPLAINT TROUTMAN S

E (S) -i- EFTA00802453 TABLE OF AUTHORITIES Page(s) CASES EFTA00802454 Defendants The Financial Trust Company ("F=") and Jeffrey E. Epstein ("Epstein," and together with FTC, the "Defendants") respectfully submit this Memorandum of Law in Support of their Motion to Dismiss Plaintiffs Marvin Gerbe

knew, since at least 1997, about Hoffenberg and Defendant Epstein's alleged misconduct. This is when, according to

s for Defendants The Financial Trust Company and Jeffrey E. Epstein EFTA00802452 TABLE OF CONTENTS PAGE

s for Defendants The Financial Trust Company and Jeffrey E. Epstein EFTA00802452 TABLE OF CONTENTS PAGE (

Honor is familiar with, Mr. Jeffrey Epstein ... Mr. Epstein, I'm told, and Mr. Kramer may want to address th

(Calcutti v. SBU, Inc., 224 F. Supp. 2d 691, 702 (S.D.N.Y. 2002)); (3) unjust enrichment: 6 years from the wrongful act (L.I. Head Start Child Dev. Servs. v. Econ. Opportunity Conzm'n, 558 F.Supp.2d 378, 409 (E.D.N.Y. 2008)); (4) breach of fiduciary duty: 3 or 6 years from knowledge of the breach (ID

' Rights Act ("CVRA"), 18 U.S.C. § 3771, that affect all crime victims in this Circuit. After over a decade of litigation, the Majority holds that Jeffrey Epsteie's victims were not authorized to bring this petition because the CVRA does not permit stand- alone suits, and, therefore, it should have been dismisse

pstein. In her mandamus petition, Ms. Wild asserts that when federal prosecutors secretly negotiated and executed a non- prosecution agreement with Epstein in 2007, they violated her rights under the CVRA—in particular, her rights to confer with and to be treated fairly by the government's lawyers. We

ida to some extent). While he was in custody on these charges, Epstein was found dead. Statement of Attorney General William P. Barr on the Death of Jeffrey Epstein (Aug. 10, 2018), available at https://www.justice.gov/opa/pristatement-attorney-general-william-p- barr-death-jeffrey-epstein. In June 2020,

t resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victims identifi

of power to one branch of government which `disrupt[ ] the proper balance between the coordinate branches.' " (quoting p a Nixon v. Adm'r of Gen. Servs., 433 U.S. 425, 443, 97 S. Ct. 2777, 2790, 53 L.Ed.2d 867 (1977))). So, to maintain the separation of powers—which is based on "Montesquieu's view

e by making repeated and voluntary statements about her allegations about being a "sex slave" who was purportedly sexually trafficked as a minor by Jeffrey Epstein, as well as by disclosing the substance of her communications with Plaintiffs, including through her disclosure of and reliance on a 2011 interview

ortedly sexually trafficked as a minor by Jeffrey Epstein, as well as by disclosing the substance of her c

was purportedly sexually trafficked as a minor by Jeffrey Epstein, as well as by disclosing the substance

the privilege by way of an affidavit which would be impervious to scrutiny or challenge by the [plaintiff]."); Refuse & Envd. Sys., Inc. v. Indus. Servs. of Am., 120 F.R.D. 8, 12 (D. Mass. 1988) ("If defendants wish to retain the right to offer the [privileged] communications as evidence, they must a

nd & Ellis, LLP Attn: Jay P. Leftcowitz, Esq. 153 East 53 Street New York, NY 10022 Client: 5502 -Kirkland & Ellis, LLP Matter 30608 -Epstein, Jeffrey (COMMON) adv. USA Date Atty Services 09/29/08 KWE Travel to and from eeting with RCJ, Amy Josefsberg Eden, e: resourses, evaluation, proles°

ent: 5502 -Kirkland & Ellis, LLP Matter 30608 -Epstein, Jeffrey (COMMON) adv. USA Date Atty Services

uments: CJ7836-Copies of School Transcript & Student File 3.00 11/21/08 Professional Services: CJ8552e#11-12-08/E-C, F 5,212.94 11/23/08 Prof. Servs.: Susan E. Bennett, Esq./Inv.# 327 "see attached for details 11,515.00 11/23/08 Prof. Services: Amy Josefsberg Ederi, Esq. `see attached for detai